Please Help! B1/B2 Visa - I-94 expired

[harvey1608]

Hello,
I am from Ireland and have a 10 year B1/B2 visa -- and I have been travelling around the U.S since april 2007. I was just informed that I was only allowed entry to the U.S for 6 months at a time -- I had no idea and thought I could come and go for 10 years...I was told to look at the white card in my passport (I-94) and it said that my stay expired in October 2007 -- and they said if i go home now they wont let me back into the country for 3 years. I really had no idea I would have left before it expired if i had known -- please advise me on what to do -- I really don't want to be banned for 3 years. I honestly made a mistake. I have a girlfriend here and it would kill me to have to leave her.

Thanks.

[txh1b]

Not knowing the law is not an excuse that will fly with USCIS. Your existing visa stands canceled and you may be subject to a ban.

http://www.immihelp.com/forum/showthread.php?t=43381

If you have plans to marry, talk to an attorney for proper guidance and before you leave the US.

[harvey1608]

thanks for responding. I have contacted some lawyers to see what my options are -- I also have plans to travel to italy for a week soon -- what do you think my chances are of leaving the U.S with my expired I-94 to go to Italy and returning to the U.S - if nobody hassles me when I'm leaving will I be issused another I-94 upon returning to the U.S. I was told there is no problem leaving it's getting back in that is the problem. Surely If they take my I-94 without looking - or I say I have lost it. Returning shouldnt be a problem?

[txh1b]

The fact that you have overstayed will not get erased no matter what you do. If you travel outside, no body cares if your expired I-94 is returned.

When you return, you cannot use VWP and you will be sent back from the airport due to your overstay. Consulat a qualified attorney before you leave US if you intend to come back again as you will have a lot to deal with upon your return.

[JyothiReddy]

Ignorantia juris non excusat :: ignorance of the law does not excuse
talk to a well qualified attorney,sort out the things and plan accordingly.

[harvey1608]

How would immigration know that I did not return home before my I-94 expired? I could have went home before it expired -- travelled through europe to Italy then decided to go to the U.S to travel more...are you saying they have a record of me and when I try to return to the U.S I will be stopped? I was only ever questioned by U.S immigration in Ireland when I arrived in the U.S they asked me a few questions stamped my I-94 and that's it...I have a 10 year B1/B2 visa - wouldn't they just issue me a new I-94 upon return to the U.S -- I remember travelling from canada across the border to the U.S and I was given a green paper like an I-94 at U.S customs which I was supposed to hand in when I left the country but I forgot - if they had a program that reports these things surely I would not have been able to get into the U.S the my second time....thanks for responding to all this -- I really dont want to leave the U.S -- I am totally in love with an american girl -- and I just want to live here with her and make a life -- have a family -- I really dont want to return home -- is there anything I can do -- I havnt been working illegally I have just been here living with my girlfriend and being happy until all this happened - she hasn't stopped crying since I found all this out - I just don't know what to do -- we just want to be together...that's all -- I'm not trying to do anything bad -- I just need some help with what I can do to fix this...

[orion]

You will be surprised by how much they know and what all they keep track of. As already advised, talk to an attorney BEFORE leaving US. Marry her and adjust status, things might work out. Work with an immigration attorney. If you just leave, you sure will face problems when attempting to re-enter.

[harvey1608]

I still dont understand how they can know that I overstayed -- if they dont look at my passport when leaving - upon re-entry how do they know I overstayed - they don't scan your passport - there is only a stamp saying when I entered - they have millions of entries and departures that do not go into their database - airlines dont always hand them in or even take the I-94 from passengers -- if this was the case everyone would get a letter sent to their home address stating they need to return to their home country as they have overstayed in the U.S. Can I marry a U.S citizen with an expired I-94 surely that can't be true?

[PraetorianXI]

It is not your business to know how they know. It is your business to know that they know. Period. Believe me, they know. As simple as "you stayed past your I-94 date, you did not turn it in, you are flagged already as an overstay and next time you would come in, it would show... and unless you could present evidence (such as boarding passes) that you actually left on time, you would be denied entry).

You are subject to a 3 years ban from re-entering... and looking at 10 if you continue overstaying.

[txh1b]

A little immigration 101 for you...

If you think CBP is not intelligent, you are greatly mistaken. Everyday, hundreds of US entrants get sent back using expedited removal proceedings. Why do you think you filled out I-94 arrival portion and departure portion? That is the I-94 tracking system. Every arrival record has to get closed with a departure record before it expires.

If not, be prepared for a ban as you seem to think it is okay inspite of being warned by many members about it's seriousness.

[harvey1608]

OK. I have found a good immigration lawyer, I am going to meet with him to see if there is anything I can do.

Thanks.